Criminal Law: Resentencing Hearing-Continuance

Where a defendant challenged the sentence imposed at resentencing after his motion for a reduction was granted, the district court did not abuse its discretion by denying the defendant’s request for a continuance made at the beginning of the resentencing hearing because defendant did not make a showing that he was prejudiced by the denial and he expressly declined to continue the hearing when the court offered to do so.

Judgment is affirmed.

U.S. v. Scott (MLW No. 79951/Case No. 22-3345 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa.